38 U.S.C. § 4109 — Untitled legal text

Page 975 TITLE 38—VETERANS’ BENEFITS § 4109 from time to time consult with the Secretary of Veterans Affairs and keep the Secretary of Vet- erans Affairs fully advised of activities carried out and all data gathered pursuant to this chap- ter to insure maximum cooperation and coordi- nation between the Department of Labor and the Department of Veterans Affairs. (b) The Secretary of Veterans Affairs shall provide to appropriate employment service of- fices and Department of Labor offices, as des- ignated by the Secretary, on a monthly or more frequent basis, the name and address of each em- ployer located in the areas served by such of- fices that offer a program of job training which has been approved by the Secretary of Veterans Affairs under section 7 of the Veterans’ Job Training Act (29 U.S.C. 1721 note). (Added Pub. L. 92–540, title V, § 502(a), Oct. 24, 1972, 86 Stat. 1097, § 2008; amended Pub. L. 94–502, title VI, § 606(4), Oct. 15, 1976, 90 Stat. 2405; Pub. L. 100–323, §§ 6(b)(1), (2)(A), 15(a)(2), May 20, 1988, 102 Stat. 564, 574; Pub. L. 101–237, title IV, § 423(b)(8), Dec. 18, 1989, 103 Stat. 2093; renum- bered § 4108, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes REFERENCES IN TEXT Section 7 of the Veterans’ Job Training Act, referred to in subsec. (b), is section 7 of Pub. L. 98–77, which is set out as a note under section 1721 of Title 29, Labor. PRIOR PROVISIONS Prior section 4108, added Pub. L. 93–82, title II, § 204(a), Aug. 2, 1973, 87 Stat. 190; amended Pub. L. 94–123, § 5(e), Oct. 22, 1975, 89 Stat. 675; Pub. L. 94–581, title I, § 110(7), title II, §§ 205(f), 209(a)(1), (2), (c)(4), 210(c)(5), Oct. 21, 1976, 90 Stat. 2849, 2859, 2860, 2862, 2864; Pub. L. 96–22, title V, § 501, June 13, 1979, 93 Stat. 64; Pub. L. 96–330, title I, § 113(a), Aug. 26, 1980, 94 Stat. 1038; Pub. L. 97–295, § 4(83), Oct. 12, 1982, 96 Stat. 1312; Pub. L. 101–237, title II, § 206(a), Dec. 18, 1989, 103 Stat. 2067, re- lated to personnel administration, prior to repeal by Pub. L. 102–40, title IV, § 401(a)(3), May 7, 1991, 105 Stat. 210. See sections 7402, 7421, 7423, and 7424 of this title. Another prior section 4108, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1246; Pub. L. 86–568, title I, § 114(g), July 1, 1960, 74 Stat. 301; Pub. L. 87–574, § 3, Aug. 6, 1962, 76 Stat. 308; Pub. L. 87–793, § 803(a), Oct. 11, 1962, 76 Stat. 860, re- lated to administration, prior to repeal by section 204(a) of Pub. L. 93–82. AMENDMENTS 1991—Pub. L. 102–83 renumbered section 2008 of this title as this section. 1989—Pub. L. 101–237 substituted ‘‘Secretary of Vet- erans Affairs’’ and ‘‘Department of Veterans Affairs’’ for ‘‘Administrator’’ and ‘‘Veterans’ Administration’’, respectively, wherever appearing. 1988—Pub. L. 100–323, § 6(b)(2)(A), struck out ‘‘with the Veterans’ Administration’’ after ‘‘Cooperation and co- ordination’’ in section catchline. Subsec. (a). Pub. L. 100–323, § 15(a)(2), struck out ‘‘of Labor’’ after ‘‘Secretary’’. Pub. L. 100–323, § 6(b)(1)(A), designated existing provi- sions as subsec. (a). Subsec. (b). Pub. L. 100–323, § 6(b)(1)(B), added subsec. (b). 1976—Pub. L. 94–502 substituted ‘‘the Secretary’s’’ for ‘‘his’’ and ‘‘the Administrator fully advised’’ for ‘‘him fully advised’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 6(b)(1), (2)(A) of Pub. L. 100–323 effective on 60th day after May 20, 1988, and amendment by section 15(a)(2) of Pub. L. 100–323 effec- tive May 20, 1988, see section 16(a), (b)(2) of Pub. L. 100–323, set out as a note under section 3104 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–502 effective Dec. 1, 1976, see section 703(c) of Pub. L. 94–502, set out as an Effec- tive Date note under section 3693 of this title. EFFECTIVE DATE Section effective 90 days after Oct. 24, 1972, see sec- tion 601(b) of Pub. L. 92–540, set out as an Effective Date of 1972 Amendment note under section 4101 of this title. § 4109. National Veterans’ Employment and Training Services Institute (a) In order to provide for such training as the Secretary considers necessary and appropriate for the efficient and effective provision of em- ployment, job-training, intensive services, placement, job-search, and related services to veterans, the Secretary shall establish and make available such funds as may be necessary to operate a National Veterans’ Employment and Training Services Institute for the training of disabled veterans’ outreach program special- ists, local veterans’ employment representa- tives, Directors for Veterans’ Employment and Training, and Assistant Directors for Veterans’ Employment and Training, Regional Adminis- trators for Veterans’ Employment and Training, and such other personnel involved in the provi- sion of employment, job-training, intensive services, placement, or related services to vet- erans as the Secretary considers appropriate, in- cluding travel expenses and per diem for attend- ance at the Institute. (b) In implementing this section, the Sec- retary shall, as the Secretary considers appro- priate, provide, out of program funds designated for the Institute, training for Veterans’ Employ- ment and Training Service personnel, including travel expenses and per diem to attend the Insti- tute. (c)(1) Nothing in this section shall be con- strued as preventing the Institute to enter into contracts or agreements with departments or agencies of the United States or of a State, or with other organizations, to carry out training of personnel of such departments, agencies, or organizations in the provision of services re- ferred to in subsection (a). (2) All proceeds collected by the Institute under a contract or agreement referred to in paragraph (1) shall be applied to the applicable appropriation. (d)(1) The Secretary shall require that each disabled veterans’ outreach program specialist and local veterans’ employment representative who receives training provided by the Institute, or its successor, is given a final examination to evaluate the specialist’s or representative’s per- formance in receiving such training. (2) The results of such final examination shall be provided to the entity that sponsored the spe- cialist or representative who received the train- ing. (Added Pub. L. 97–306, title III, § 308(a), Oct. 14, 1982, 96 Stat. 1440, § 2009; amended Pub. L. 100–323, § 8(a), May 20, 1988, 102 Stat. 566; renum- bered § 4109, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Page 976 TITLE 38—VETERANS’ BENEFITS § 4110 Stat. 406; Pub. L. 107–288, § 5(a)(1)(F), (e), Nov. 7, 2002, 116 Stat. 2044, 2046; Pub. L. 112–56, title II, § 240(a), Nov. 21, 2011, 125 Stat. 727.) Editorial Notes PRIOR PROVISIONS Prior section 4109, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1246; Pub. L. 93–82, title II, § 205(a), Aug. 2, 1973, 87 Stat. 192; Pub. L. 96–330, title I, § 114, Aug. 26, 1980, 94 Stat. 1039; Pub. L. 96–385, title V, § 508(b), Oct. 7, 1980, 94 Stat. 1538; Pub. L. 97–72, title IV, § 402(a), Nov. 3, 1981, 95 Stat. 1062; Pub. L. 97–295, § 4(84), Oct. 12, 1982, 96 Stat. 1312; Pub. L. 99–272, title XV, § 15204(b), Apr. 7, 1986, 100 Stat. 335; Pub. L. 99–509, title VII, § 7003(a), Oct. 21, 1986, 100 Stat. 1949, related to retirement rights, prior to re- peal by Pub. L. 102–40, title IV, § 401(a)(3), May 7, 1991, 105 Stat. 210. See section 7426 of this title. AMENDMENTS 2011—Subsec. (d). Pub. L. 112–56 added subsec. (d). 2002—Subsec. (a). Pub. L. 107–288, § 5(a)(1)(F), sub- stituted ‘‘intensive services,’’ for ‘‘counseling,’’ in two places. Subsec. (c). Pub. L. 107–288, § 5(e), added subsec. (c). 1991—Pub. L. 102–83 renumbered section 2009 of this title as this section. 1988—Pub. L. 100–323 amended section generally, sub- stituting provisions relating to a National Veterans’ Employment and Training Services Institute for provi- sions relating to national veterans’ employment and training programs. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 112–56, title II, § 240(b), Nov. 21, 2011, 125 Stat. 727, provided that: ‘‘Subsection (d) of section 4109 of title 38, United States Code, as added by subsection (a), shall apply with respect to training provided by the Na- tional Veterans’ Employment and Training Services In- stitute that begins on or after the date that is 180 days after the date of the enactment of this Act [Nov. 21, 2011].’’ EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–323 effective on 60th day after May 20, 1988, see section 16(b)(2) of Pub. L. 100–323, set out as a note under section 3104 of this title. § 4110. Advisory Committee on Veterans Employ- ment, Training, and Employer Outreach (a)(1) There is hereby established within the Department of Labor an advisory committee to be known as the Advisory Committee on Vet- erans Employment, Training, and Employer Outreach. (2) The advisory committee shall— (A) assess the employment and training needs of veterans and their integration into the workforce; (B) determine the extent to which the pro- grams and activities of the Department of Labor are meeting such needs; (C) assist the Assistant Secretary of Labor for Veterans’ Employment and Training in carrying out outreach activities to employers with respect to the training and skills of vet- erans and the advantages afforded employers by hiring veterans; (D) make recommendations to the Sec- retary, through the Assistant Secretary of Labor for Veterans’ Employment and Train- ing, with respect to outreach activities and the employment and training of veterans; and (E) carry out such other activities that are necessary to make the reports and rec- ommendations referred to in subsection (f) of this section. (b) The Secretary of Labor shall, on a regular basis, consult with and seek the advice of the advisory committee with respect to the matters referred to in subsection (a)(2) of this section. (c)(1) The Secretary of Labor shall appoint at least 12, but no more than 16, individuals to serve as members of the advisory committee as follows: (A) Seven individuals, one each from among representatives nominated by each of the fol- lowing organizations: (i) The National Society of Human Re- source Managers. (ii) The Business Roundtable. (iii) The National Association of State Workforce Agencies. (iv) The United States Chamber of Com- merce. (v) The National Federation of Inde- pendent Business. (vi) A nationally recognized labor union or organization. (vii) The National Governors Association. (B) Not more than five individuals from among representatives nominated by veterans service organizations that have a national em- ployment program. (C) Not more than five individuals who are recognized authorities in the fields of busi- ness, employment, training, rehabilitation, or labor and who are not employees of the De- partment of Labor. (2) A vacancy in the advisory committee shall be filled in the manner in which the original ap- pointment was made. (d) The following, or their representatives, shall be ex officio, nonvoting members of the ad- visory committee: (1) The Secretary of Veterans Affairs. (2) The Secretary of Defense. (3) The Director of the Office of Personnel Management. (4) The Assistant Secretary of Labor for Vet- erans Employment and Training. (5) The Assistant Secretary of Labor for Em- ployment and Training. (6) The Administrator of the Small Business Administration. (e)(1) The advisory committee shall meet at least quarterly. (2) The Secretary of Labor shall appoint the chairman of the advisory committee who shall serve in that position for no more than 2 con- secutive years. (3)(A) Members of the advisory committee shall serve without compensation. (B) Members of the advisory committee shall be allowed reasonable and necessary travel ex- penses, including per diem in lieu of subsistence, at rates authorized for persons serving intermit- tently in the Government service in accordance with the provisions of subchapter I of chapter 57 of title 5 while away from their homes or reg- ular places of business in the performance of the responsibilities of the advisory committee.